Divorce as a family matter is a painful, difficult, and trying process. However, as a legal matter, divorce can be done rather quickly and efficiently with the help of an attorney.
In North Carolina, the actual termination of a marriage is called Absolute Divorce. This is the only issue that you must wait one year to resolve -- issues of custody, support, and property division can and should be handled sooner. However, once an Absolute Divorce is granted, you lose the legal right to have the court determine alimony and equitable distribution (property division) so you need to ensure that you either have pending claims for them or a resolution to those matters through a Separation and Property Agreement or a Court Order from a prior lawsuit.
North Carolina recognizes no-fault divorce. In other words, whether both spouses or only one spouse wants the divorce, the divorce will be granted as long as there has been a physical separation for more than one year. Neither you nor your spouse can prevent the divorce from being granted if the two of you have been physically separated for more than one year and at least one of you separated with the intent to remain permanently separate and apart.
Absolute Divorce in North Carolina
The Law Offices of Tiffany A. Lesnik is more than willing to assist you with obtaining a judgment of Absolute Divorce. It is our goal to simplify the process and make it as painless for you as possible. We will complete all necessary paperwork and attend the hearing in your place; you will not be required to attend court and miss a day of work. As part of this service, we are willing to conduct consultations by phone or e-mail so that you do not need to make a trip to the office if you do not wish to do so. However, we are certainly willing to meet with you to discuss the process and your options and we would be more than happy to schedule a consultation with you.
To start the process, we will need you to complete an information sheet and sign and return a contract for services – both of which are available for you to download below. They can be returned by e-mail, by fax (919-400-4593), or by mail (to P.O. Box 20071, Raleigh, NC 27619). The fee for an Absolute Divorce is a one-time flat fee of $900.00 for an absolute divorce in Wake County, North Carolina which includes all court costs and one-time service fee. Payment can be made online by credit card on here or by check. A time can also be arranged for you to drop-off your paperwork and payment with the attorney if preferred.
You will receive confirmation of any payment and receipt of the payment and documentation from the attorney. The attorney will be available to speak with you or by e-mail for any questions or concerns you may have.
If you do not wish to retain an attorney to attend court in your place but need the necessary paperwork drafted for you to represent yourself, that service is also available. The fee for that service is $150.00. You will be responsible for all filing and service fees (which amount to roughly $250.00) and for filing the documents and attending court yourself. In addition to the paperwork, you will receive instructions on how to complete all of these steps in the process.
CONTRACTS AND FORMS TO DOWNLOAD
The following contracts and forms are available for you to download, complete, and return. Please contact us with questions and we would be willing to help you and e-mail you any necessary forms. You can return completed forms to our office by e-mail, fax (919-400-4593), or mail (P.O. Box 20071, Raleigh, NC 27619) or by scheduling a time to come in.